Royal Commission on Antisemitism and Social Cohesion (Publication of Arrangements) Instrument (No. 1) 2026

Royal Commission on Antisemitism and Social Cohesion (Publication of Arrangements) Instrument (No. 1) 2026

I, Katherine Jones PSM, Secretary of the Attorney‑General’s Department, make the following instrument.

Dated  18 March 2026

Katherine Jones PSM

Secretary of the Attorney‑General’s Department

Contents

Part 1—Preliminary 1

1  Name...................................................1

2  Commencement............................................1

3  Authority................................................1

Part 2—Publication of arrangements 2

4  Publication of arrangements.....................................2

Schedule 1— Intelligence Information Protection Arrangement 

Schedule 2— Operationally Sensitive Information Protection Arrangement             

Part 1—Preliminary

1  Name

  This instrument is the Royal Commission on Antisemitism and Social Cohesion (Publication of Arrangements) Instrument (No. 1) 2026

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under section 6PG of the Royal Commissions Act 1902.

Part 2—Publication of arrangements

4  Publication of arrangements

 (1) For the purposes of section 6PG of the Royal Commissions Act 1902, a copy of an Intelligence Information Protection Arrangement is set out in Schedule 1 to this instrument.

 (2) For the purposes of section 6PG of the Royal Commissions Act 1902, a copy of an Operationally Sensitive Information Protection Arrangement is set out in Schedule 2 to this instrument.

Schedule 1— Intelligence Information Protection Arrangement

Note: See section 4

ARRANGEMENT

Contents

The Royal Commission’s Terms of Reference 1

Dealing with certain types of information 1

Protective Security Policy Framework 3

Revisions to the Arrangement 4

1. Definitions 4

2. Non-derogation 10

3. Intelligence Information – General matters 10

4. Approvals under the IS Act, ONI Act and ASIO Act 12

5. Obtaining and receipt of Intelligence Information 14

6. Private interviews 16

7. Confidential hearings 16

8. Identity information 17

9. Unauthorised and inadvertent disclosures 18

10. Disclosure and protection of Intelligence Information 18

11. Returning Intelligence Information 19

12. Non-compliance 19

13. Variation 19

14. Counterparts 20

Arrangement

               Commencement

This Arrangement commences on the date the final Party executes a
counterpart.

               Parties

This Arrangement is between the Royal Commission on Antisemitism and Social Cohesion and the Commonwealth as represented by:

1.       the Secretary of the Attorney-General’s Department
2.       the Director-General of Security
3.       the Director-General of the Australian Secret Intelligence Service
4.       the Director-General of the Australian Signals Directorate
5.       the Director-General of National Intelligence
6.         the Director of the Defence Intelligence Organisation, and
7.       the Director of the Australian Geospatial-Intelligence Organisation.

               Context

This Arrangement is made in the following context:

1.                   On 9 January 2026, the Governor-General issued Letters Patent establishing the Royal Commission on Antisemitism and Social Cohesion.[1] The Royal Commission is required to produce an interim report by 30 April 2026 and a final report by 14 December 2026.

The Royal Commission’s Terms of Reference

Dealing with certain types of information

1.                   The Royal Commission’s Terms of Reference contemplate that the Royal Commission will deal with Intelligence Information. Specifically, the Commissioner is directed, for the purposes of her inquiry and recommendations, to consider the following matters, and is authorised, as she considers appropriate,having regard to the date by which she is required to submit her final report, to take (or refrain from taking) any action arising out of her consideration:

…

(h) the need to recognise and appropriately protect any intelligence information or operationally sensitive information obtained by [the Commissioner];

(i)  the need to establish appropriate arrangements with the heads of the relevant Australian intelligence entities for obtaining, storing, accessing, using, disclosing and returning intelligence information relating to an Australian intelligence entity.

1.                  In the course of carrying out its inquiry, the Royal Commission may:
   1.              engage with current and former Commonwealth officers (including, among others, current and former members and employees of law enforcement agencies and current or former staff members or agents of Intelligence Entities) and other persons, including in their personal capacity, who may disclose Intelligence Information to the Royal Commission; 
   2.              seek documents and information from the Commonwealth (or from a State or Territory) and from Commonwealth officers in their official capacity that may include or comprise Intelligence Information; and
   3.               communicate or deal with documents and information that may include or comprise Intelligence Information.
2.                  The Royal Commission:
   1.              acknowledges the need for the Royal Commission’s inquiry to be conducted in a manner that does not occasion prejudice to current or future criminal proceedings or national security;
   1.              recognises the need to appropriately protect Intelligence Information obtained by the Royal Commission in the course of its inquiry; and
   2.               acknowledges that the purpose of this arrangement is to restrict access to Intelligence Information to the Commissioner and authorised persons only, and to allow the Commonwealth an opportunity, prior to any intended publication, disclosure or public use of Intelligence Information by the Royal Commission, to raise public interest concerns and, if necessary, seek protective orders.
3.                   The Commonwealth:
   1.              acknowledges the challenging, urgent and important work being undertaken by the Royal Commission in its inquiry on antisemitism and social cohesion, including the circumstances surrounding the antisemitic Bondi terrorist attack on 14 December 2025;

1.              recognises the importance of Commonwealth officers (including, among others, current and former members and employees of law enforcement agencies and current or former staff members or agents of Intelligence Entities) and other persons, including in their personal capacity, who may hold Intelligence Information being able to engage with the Royal Commission; and
2.               recognises the importance of the Royal Commission having access to certain Intelligence Information produced or given to it either by or on behalf, or with the consent or authority, of the Commonwealth, in order to ascertain the relevance of that information to its inquiry and in order to use that information where relevant in its inquiry and in making findings and recommendations.

1.                   The Royal Commission acknowledges that the identification of Intelligence Information, and consideration of the particular sensitivities of that information, including whether it may be disclosed to the Royal Commission in accordance with this Arrangement, may require the Commonwealth or, as appropriate, the Royal Commission, to consult with relevant Commonwealth agencies and other stakeholders.

1.                  The Royal Commission acknowledges that persons who are in possession of Intelligence Information will likely be bound by legislation, including the Secrecy Provisions, proscribing disclosure of such information otherwise than in specified circumstances. This Arrangement provides for procedures and approvals that may be required to enable persons to disclose Intelligence Information to the Royal Commission for the purposes of its inquiry.

1.                  The Commonwealth reserves its right to object to production of particular Intelligence Information (by any person) on grounds of public interest immunity. Further, and for the avoidance of doubt, nothing in this Arrangement is to be taken as a waiver of any privilege, or as permitting disclosure of Intelligence Information otherwise than in accordance with this Arrangement.

                    Protective Security Policy Framework

1.                     The Royal Commission recognises the need to make appropriate arrangements for the receipt and protection of intelligence by the Royal Commission for the purposes of this Arrangement in accordance with the Commonwealth’s Protective Security Policy Framework (the PSPF), and agrees to comply with the requirements of the PSPF in relation to Intelligence Information, including Identity Information, received by it, including in relation to:
   1.              practical arrangements for handling and storage of such information;
   2.              ensuring that such information is accessed by staff and contractors of the Royal Commission who are Authorised Persons in respect of the relevant information; and
   1.               consultation as appropriate with the Commonwealth in accordance with this Arrangement prior to any proposed disclosure to persons who are not Authorised Persons, including to the public, by the Royal Commission of such information.

                    Revisions to the Arrangement

1.                    The Royal Commission and the Commonwealth acknowledge that it may be necessary to revise and adapt aspects of the Arrangement as appropriate by agreement between the Royal Commission and the Commonwealth.

1.1.               For the purpose of this Arrangement, unless the contrary intention appears, a term in bold type has the meaning shown opposite it:

2.               Non-derogation

2.1. Nothing in this Arrangement is intended to prevent the exercise of the Commissioner’s powers, or the performance of the Commissioner’s functions under the Royal Commissions Act 1902 (Cth).

3.1. The Royal Commission acknowledges and accepts that the following categories of Intelligence Information, while not exhaustive, are generally highly sensitive (noting that the examples listed below include broad categories of information that, while generally highly sensitive, may include information that is less sensitive or non-sensitive, and which would be considered on a case-by-case basis):

a.              the names of current and former ASIS staff members and agents, and ASIO employees and affiliates, including information which could reasonably lead to the disclosure of the identity of those persons;

b.              sources of information and operational assistance, and other operational methodologies and capabilities available to ASIO, ASIS, AGO, DIO, ASD or ONI;

c.              details of specific operations that have been, are being or are proposed to be undertaken by ASIO, ASIS, AGO, DIO, ASD or ONI; and

d.              information provided by, or by an agency of, a foreign government to an Intelligence Entity on the expectation of confidence.

3.2.              The Royal Commission agrees to protect Intelligence Information obtained by the Royal Commission in accordance with:

a.              the requirements of the PSPF as appropriate to the classification of the Intelligence Information, if known, including any security caveat or codeword5 applicable to the information; and

5    A security caveat or codeword indicates special protections beyond those indicated by the classification.

              of an Intelligence Entity (or their representative) as to the storage or handling of particular or all such information.

3.3.              Where the classification of Intelligence Information obtained by the Royal Commissioner or a staff member of the Commission is not known, the information should be treated in accordance with the requirements of the PSPF as appropriate to information classified as TOP SECRET until such time as the Head of an Intelligence Entity (or their representative) advises the Royal Commission of the appropriate classification of the information.

3.4  Where Intelligence Information obtained or received by the Commissioner or a staff member of the Commission discloses or is likely to disclose  Identity Information of a person who is or is proposed to be a witness of the Royal Commission the Royal Commission agrees that the information will be recorded, stored, accessed, used or disclosed by the Commissioner and staff members of the Commission in accordance with the requirements of the PSPF as appropriate to information classified as TOP SECRET, unless otherwise advised by the relevant Intelligence Entity.

3.5. Any staff member of the Commission who obtains, stores, accesses, uses and/or discloses Intelligence Information:

a.              must be an Authorised Person;

b.              must do so in the course of undertaking work for the purposes of the Royal Commission’s inquiry; and

c.              must be familiar with all relevant security policy requirements, including the PSPF.

3.6.              Where the Head of an Intelligence Entity (or their representative) advises that specific equipment or electronic systems beyond that required by the PSPF is necessary to obtain, store, access or use Intelligence Information, such as a Secure Electronic Device, the Commonwealth will assist in the provision of that equipment. This paragraph is not intended to limit the assistance that the Commonwealth must otherwise generally provide the Royal Commission for equipment and systems to enable it to comply with the PSPF.

3.7.              The Royal Commission agrees to seek guidance from the relevant Intelligence Entity if, following consultation with the Royal Commission’s Security Advisor, the Commissioner or a staff member of the Commission is unclear about:

a.               the nature or classification of information, a document or thing a staff member of the Commission suspects or otherwise identifies as containing or potentially containing Intelligence Information;

b.              the particular requirements for obtaining, storing accessing, using or disclosing Intelligence Information; or
 

c.              complying with the requirements for obtaining, storing, accessing, using or disclosing Intelligence Information.

3.8.  The Heads of Intelligence Entities (or their representatives) may, from time to time, give the Royal Commission guidance as to how to obtain, store, access, use or disclose Intelligence Information, including guidance on the use of pseudonyms and codewords.

3.9.               Nothing in this Arrangement:

a.               prevents the Commissioner or a staff member of the Commission from obtaining, storing, accessing, using or disclosing Non‑Sensitive Intelligence Information in accordance with the requirements of the PSPF for information marked as ‘OFFICIAL’; or

b.              requires the Commissioner or a staff member of the Commission to treat Non-Sensitive Intelligence Information as if it were Intelligence Information.

4.1. The approvals set out in 4.2, 4.3 and 4.4 of this Part are intended to provide the relevant approvals to:

a.               enable current and former Commonwealth officers and other persons to communicate Intelligence Information, either in their official capacity or their personal capacity, to the Royal Commission, to the extent those officers reasonably regard it as necessary for the Royal Commission’s inquiry;

b.              ensure that staff members of the Commission are able to perform their duties, by communicating Intelligence Information to Authorised Persons, for the purposes of the Royal Commission’s inquiry; and

c.              enable current and former Commonwealth officers and other persons seeking to engage with the Royal Commission to disclose Intelligence Information to their legal representative, where Intelligence Information is to be disclosed for the purposes of obtaining legal advice. This will be subject to the legal representative being approved by the relevant Intelligence Entity to receive Intelligence Information (although nothing in this document requires the legal representative to disclose the identity of their prospective client to the relevant Intelligence Entity when seeking that approval).

4.2. For the purposes of the Royal Commission’s inquiry, and for the purposes of section 39 of the IS Act, section 18 of the ASIO Act, section 42 of the ONI Act,and section 122.5(1)(b) of the Criminal Code, each Head of an Intelligence Entity approves (as relevant) the communication of Intelligence Information:

a.               by current and former Commonwealth officers and other persons to Authorised Persons; [6] and

b.              by Authorised Persons to relevant Intelligence Entities, and/or to other Authorised Persons with a need to know the information;

c.              on condition that:

i.              the communication of Intelligence Information is undertaken in accordance with the requirements of the PSPF as appropriate to the classification of the Intelligence Information, if known (if the classification is not known, then the information should be treated as TOP SECRET at a minimum); and

ii.              unless approved in writing by the Head of the relevant Intelligence Entity, the Intelligence Information does not include:

1.      Identity Information (other than information concerning the identity of the Discloser); or
2.      Foreign Government Information.

4.3. For the purposes of sections 40C and 40D of the IS Act, section 44 of the ONI Act, section 18A and 18B of the ASIO Act, and section 122.5(1)(b) of the Criminal Code, each Head of an Intelligence Entity approves (as relevant) Authorised Persons to deal with records, or to record information or matters, containing Intelligence Information, for the purposes of the Royal Commission’s inquiry, on the condition that:

the dealing with or recording of Intelligence Information is undertaken in accordance with the requirements of the PSPF as appropriate to the classification of the Intelligence Information, if known (if classification is not known, then the information should be treated as TOP SECRET at a minimum).

4.4. For the purposes of section 41 of the IS Act and section 92 of the ASIO Act, each Head of an Intelligence Entity (as relevant) approves the communication of Identity Information, for the purposes of the Royal Commission Inquiry:

a.               by current and former Commonwealth officers and other persons to Authorised Persons; or 

b.              by Authorised Persons to the relevant Intelligence Entity, and/or to other Authorised Persons with a need to know the information,

on condition that communication of the Identity Information is undertaken in accordance with the requirements of the PSPF and paragraphs 8.1 and 8.2 of this Arrangement.

Obtaining or receipt of Intelligence Information from individuals

5.1. If:

a.               the Commissioner has issued a person with a Compulsory Requirement, or a person seeks to engage with the Royal Commission on a voluntary basis; and

b.              the Commissioner or a staff member of the Commission reasonably suspects that the person may knowingly or inadvertently disclose Intelligence Information when complying with the Compulsory Requirement or engaging with the Royal Commission on a voluntary basis,

the Commissioner or the staff member of the Commission (as relevant) agrees to request that person inform a staff member of the Commission, prior to responding to a Compulsory Requirement, where their response to the Compulsory Requirement may disclose Intelligence Information.

5.2. If a person informs a staff member of the Commission that their response to a Compulsory Requirement, or their voluntary engagement with the Royal Commission may, whether knowingly or inadvertently, involve disclosure of Intelligence Information, or if the Commissioner or a staff member of the Commission reasonably suspects that a person may disclose, or that a document to be produced or provided contains, Intelligence Information, the Commissioner or a staff member of the Commission will make arrangements to receive that information:

a.              in either:

i. a private interview with the person held in accordance with the conditions described in paragraph 6.1 below; or
 

ii. a confidential hearing in accordance with paragraphs 7.1 to 7.4 of this Arrangement; and

b.               securely in accordance with the requirements of the PSPF:

i.              appropriate to the classification of the information, if known; or

 

ii.              if the classification is not known, as if the information is classified TOP SECRET, until such time as the appropriate classification can be ascertained in accordance with paragraph 3.7 of this Arrangement.

5.3. Nothing in Part 5 prevents the Royal Commission from calling a person to give evidence at a public hearing if the Royal Commission is satisfied, on reasonable grounds, that the person will not disclose any Intelligence Information during such hearing.

Obtaining or receiving Intelligence Information from an intelligence agency

5.4.              A staff member of the Commission will:

a.              obtain, store, access and use any information, document or thing containing or comprising Intelligence Information and produced in response to a Compulsory Requirement, or otherwise provided to the Commissioner by an Intelligence Entity, in accordance with the requirements of the PSPF at the classification of that information, document or thing as advised by the Intelligence Entity producing or providing the information, document or thing or as appearing on the information, document or thing, and in accordance with any guidance provided by the Intelligence Entity; and

b.              when applicable, only disclose to persons other than Authorised Persons the information, document or thing containing or comprising Intelligence Information and produced in response to a Compulsory Requirement, or otherwise provided to the Commissioner, by an Intelligence Entity: 

i.              following consultation with and, if applicable, in accordance with guidance provided by, the relevant Intelligence Entity; and

ii.              in accordance with the requirements of the PSPF at the classification of that document as advised by the Intelligence Entity producing the document or as appearing on the document.

5.5. A Head of an Intelligence Entity may provide Intelligence Information to the Commissioner, including where that information is the subject of, or relevant to, a Compulsory Requirement issued under s 2 of the Royal Commissions Act 1902 (Cth), in accordance with the requirements of the PSPF appropriate to the classification of the information, and need not communicate that information through the Royal Commission’s public communication channels. The appropriate communication channel for the purposes of provision of Intelligence Information directly to the Commissioner and staff of the Commission will be agreed with the Royal Commission, with initial contact to be made to the Office of Solicitor Assisting the Royal Commission.

6.1. In the event that the Royal Commission holds a private interview as contemplated by paragraph 5.2.a.i above, the Royal Commission agrees to take appropriate steps to ensure that:

1.         any person present at the private interview is an Authorised Person or the relevant Discloser;  
2.         the private interview will be conducted in accordance with the access, handling, storage and communication requirements of the PSPF appropriate to the security classification of the Intelligence Information being disclosed (and if the classification is unknown, appropriate to information classified as TOP SECRET); and
3.          only Secure Electronic Devices are permitted in the private interview.

7.1. For the purpose of this Arrangement, a confidential hearing means a hearing of the Royal Commission:

a.              which is not open to be attended or viewed by the public or the media (including in person or by way of live stream or other audio-visual link), and

b.              in respect of which the only persons permitted to be in attendance are Authorised Persons and relevant Disclosers.

7.2.              A recording or transcription of any confidential hearing in which Intelligence Information will or may be disclosed must be undertaken:

a.              if the classification of the information is known:

i.              by an Authorised Person who has an Australian Government security clearance at a level appropriate to the classification of the information; and

ii.              using a Secure Electronic Device appropriate to record and store information at the classification of the Intelligence Information to be disclosed; or

b.              if the classification of the information is unknown:

i.              by an Authorised Person who has an Australian Government security clearance at a level appropriate for access to information classified as TOP SECRET; and

ii.              using a Secure Electronic Device appropriate to record and store information classified as TOP SECRET.

7.3.              In the event that the Commissioner holds a confidential hearing at which Intelligence Information may or will be disclosed, the Commissioner will ensure that:

a.               any person present at the hearing is:

i.              an Authorised Person; or

ii.              the person giving the evidence disclosing Intelligence Information;

b.              the confidential hearing is otherwise conducted in accordance with the requirements of the PSPF for the obtaining, storage, access, use and disclosure of information at the classification of the Intelligence Information to be disclosed;

c.              only Secure Electronic Devices are permitted in the confidential hearing; and

d.              any notes taken by any person in a confidential hearing must be created, stored, accessed, used and disclosed in accordance with the PSPF as appropriate to the classification of the Intelligence Information being disclosed (and if the classification is unknown, appropriate to information classified as TOP SECRET).

7.4.              For the avoidance of doubt and subject to subparagraph 7.3(d), a person who is permitted to be present during a confidential hearing may take notes during the hearing.

8.1. If an Authorised Person makes a recording and/or prepares a transcript of a private interview with, or confidential hearing involving, a Discloser who is or was:

a.              a staff member or agent of ASIS; or

b.              an ASIO employee or ASIO affiliate, or a person in any way connected with a current or former ASIO employee or ASIO affiliate,

the Authorised Person must make the recording and/or prepare the transcript using a Secure Electronic Device appropriate for the storage of information assigned the security classification TOP SECRET.

8.2. If any reference is to be made to Identity Information with respect to a person who is or was:

a.               a staff member or agent of ASIS; or

b.              an ASIO employee or ASIO affiliate, or a person in any way connected with a current or former ASIO employee or ASIO affiliate,

in a setting other than TOP SECRET, then the person must not be associated with ASIS or ASIO (for example, use of a cover employer) or a pseudonym must be used (e.g. Officer A).

9.1. The Royal Commission agrees to take all reasonable steps to mitigate the risk of any unauthorised or inadvertent disclosure of Intelligence Information:

a.              during a public hearing of the Royal Commission, including but not limited to:

i.              providing for a delay in the live-stream of any public hearing online to enable that live-stream to be cut in the event of an inadvertent disclosure; and

ii.              making such non-publication directions in relation to the inadvertently disclosed information as the Royal Commission considers appropriate (which directions may be sought by the Commonwealth); and

b.              in the publication of any documents, including submissions received from the public, transcripts of and exhibits tendered during any hearing, including by:

i.              consulting with the relevant intelligence agencies prior to publication of any Intelligence Information contained in any document to be published by the Commission; and

ii.              using redactions to conceal any Intelligence Information in publications.

10.1. In this Part 10, any Intelligence Information upon which the Royal Commission intends to rely (whether in its original form or in some other summarised form) for the purposes of any interim or final report, or any other publication of the Royal Commission to be released to the public (Publication), is referred to as Sensitive Source Information.

10.2.              The Royal Commission agrees to consult with the Commonwealth (including the Heads of Intelligence Entities or their representatives) in relation to any volume or other complete section of any Publication that the Royal Commission anticipates will or may contain Sensitive Source Information prior to the release of the Publication to the public or any other third-parties (including any publisher and/or printing service provider), for the purposes of the Commonwealth identifying any Intelligence Information in the Publication.

10.3.              The Royal Commission and the Commonwealth agree that any consultation undertaken in accordance with paragraph 10.2 will be undertaken within a reasonable timeframe, having regard to the urgency of the proposed Publication, the size of any volume, or other complete section, of any Publication, and to the

anticipated nature and extent of the Sensitive Source Information contained therein.

10.4               In the event that the Commonwealth (including a relevant Intelligence Entity) identifies Intelligence Information in the content of any Publication, the Commonwealth or relevant Intelligence Entity may, as necessary and appropriate having regard to the nature of the Intelligence Information:

a.              request the revision or removal of the Intelligence Information;

b.              apply for non-publication directions in respect of, and request the redaction of, the Intelligence Information; or

c.              make a claim of public interest immunity in respect of the information.

11.1.              To the extent permitted by law, the Royal Commission agrees to make arrangements for the return, including pursuant to section 6F(2) of the Royal Commissions Act 1902 (Cth), of Intelligence Information received pursuant to this Arrangement to the relevant Intelligence Entity, where retention of such information is no longer reasonably necessary for the Royal Commission’s inquiry, and prior to the delivery of the Royal Commission’s final report, or at such time as is appropriate having regarding to the nature of the information, subject to sub-regulation 10(2) of the Royal Commissions Regulations 2019 (Cth).

12.1.              The Royal Commission agrees to notify the Head of the relevant Intelligence Entity as soon as practicable in the event of a suspected non-compliance (including through inadvertence or omission) with the requirements of this Arrangement, the PSPF, any directions made by the Royal Commission regarding Intelligence Information, or any guidance given by an Intelligence Entity as to the obtaining, storage, access, use or disclosure of that information, and take all appropriate action requested by the relevant Intelligence Entity to remedy the breach and/or to minimise the risk of harm resulting from the breach.

13.1.              This Arrangement may be varied at any time with the agreement of all Parties.

13.2. Nothing in this Arrangement is intended to prevent the Commissioner and a Head of an Intelligence Entity agreeing:

a.              additional provisions that relate only to (and are binding solely in respect of) that particular Intelligence Entity and its Intelligence Information; or

b.              to vary or depart from the provisions of this Arrangement, so long as the variation or departure relates only to (and is binding solely in respect of) that particular Intelligence Entity and its Intelligence Information.

14.1.              This Arrangement, and any variation to this Arrangement, may be executed via separate counterparts. Each counterpart will be deemed an original, and all counterparts taken together will constitute the Arrangement.

Schedule 2— Operationally Sensitive Information Protection Arrangement

Note: See section 4

ARRANGEMENT

Contents

The Royal Commission’s Terms of Reference 1

Dealing with certain types of information 1

Protective Security Policy Framework 3

Revisions to the Arrangement 3

1. Definitions 3

2. Non-derogation 7

3. Operationally Sensitive Information – General matters 7

4. Obtaining and receipt of Operationally Sensitive Information 8

5. Private interviews 10

6. Hearings 10

7. Inadvertent disclosures 11

8. Disclosure and protection of Operationally Sensitive Information in Royal Commission publications              11

9. Returning Operationally Sensitive Information 12

10. Non-compliance 12

11. Variation 13

12. Counterparts 13

Arrangement

              Commencement

This Arrangement commences on the date the final Party executes
a counterpart.

              Parties

This Arrangement is between the Royal Commission on Antisemitism and Social Cohesion and the Commonwealth as represented by the Secretary of the Attorney-General’s Department.

              Context

This Arrangement is made in the following context:

1.                  On 9 January 2026, the Governor-General issued Letters Patent establishing the Royal Commission on Antisemitism and Social Cohesion.[1] The Royal Commission is required to produce an interim report by 30 April 2026 and a final report by 14 December 2026.

The Royal Commission’s Terms of Reference

Dealing with certain types of information

1.                  The Royal Commission’s Terms of Reference contemplate that the Royal Commission will deal with Operationally Sensitive Information. Specifically, the Commissioner is directed, for the purposes of her inquiry and recommendations, to consider the following matters, and is authorised, as she considers appropriate, having regard to the date by which she is required to submit her final report, to take (or refrain from taking) any action arising out of their consideration:

(h) the need to recognise and appropriately protect any intelligence information or operationally sensitive information obtained by [the Commissioner]

1.                  In the course of carrying out its inquiry, the Royal Commission may:
   1.       engage with current and former Commonwealth officers (including, among others, current and former members and employees of law enforcement and security agencies) and other persons, including in their personal capacity, who may disclose Operationally Sensitive Information to the Royal Commission; 
   2.       seek documents and information from the Commonwealth (and States and Territories) and from Commonwealth officers in their official capacity that may include or comprise Operationally Sensitive Information; and
   3.       communicate or deal with documents and information that may include or comprise Operationally Sensitive Information.
2.                  The Royal Commission:
   1.       acknowledges the need for the Royal Commission’s inquiry to be conducted in a manner that does not occasion prejudice to current or future criminal proceedings or national security; and
   2.       recognises the need to appropriately protect Operationally Sensitive Information obtained by the Royal Commission in the course of its inquiry.
3.                  The Commonwealth:
   1.       acknowledges the challenging, urgent and important work in its inquiry on antisemitism and social cohesion, including the circumstances surrounding the antisemitic Bondi terrorist attack on 14 December 2025;
   2.       recognises the importance of Commonwealth officers (including, among others, current and former members and employees of law enforcement and security agencies) and other persons, including in their personal capacity, who may hold Operationally Sensitive Information being able to engage with the Royal Commission; and
   3.       recognises the importance of the Royal Commission having access to certain Operationally Sensitive Information produced or given to it either by or on behalf, or with the consent or authority, of the Commonwealth, in order to ascertain the relevance of that information to its inquiry and in order to use that information where relevant in its inquiry and in making findings and recommendations.
4.                   The Royal Commission acknowledges that persons who are in possession of Operationally Sensitive Information may be bound by legislation proscribing disclosure of such information otherwise than in specified circumstances.
5.                 The Commonwealth considers that this Arrangement constitutes an ‘arrangement or agreement to which the Commonwealth…is a party and which allows for the exchange of information’ within the meaning, and for the purposes of, s 122.5(1)(b) of the Criminal Code (Cth).
6.                  The Commonwealth reserves its right to object to production of particular Operationally Sensitive Information (by any person) on grounds of public
   
   
   interest immunity. Further, and for the avoidance of doubt, nothing in this Arrangement is to be taken as a waiver of any privilege, or as permitting disclosure of Operationally Sensitive Information otherwise than in accordance with this Arrangement.

Protective Security Policy Framework

1.                     The Royal Commission recognises the need to make appropriate arrangements for the receipt and protection of Operationally Sensitive Information by the Royal Commission for the purposes of this Arrangement in accordance with the Commonwealth’s Protective Security Policy Framework (the PSPF), and agrees to comply with the requirements of the PSPF in relation to Operationally Sensitive Information received by it, including in relation to:
   1.       practical arrangements for handling and storage of such information;
   2.       ensuring that such information is accessed by staff and contractors of the Royal Commission who are Authorised Persons in respect of the relevant information; and
   3.       consultation as appropriate with the Commonwealth in accordance with this Arrangement prior to any proposed use or disclosure by the Royal Commission of such information.

Revisions to the Arrangement

1.                        The Royal Commission and the Commonwealth acknowledge that it may be necessary to revise and adapt aspects of the Arrangement as appropriate by agreement between the Royal Commission and the Commonwealth.

1.1.                          For the purpose of this Arrangement, unless the contrary intention appears, a term in bold type has the meaning shown opposite it:

2.1.                          Nothing in this Arrangement is intended to prevent the exercise of the Commissioner’s powers, or the performance of the Commissioner’s functions under the Royal Commissions Act 1902 (Cth).

3.1.                          The Royal Commission acknowledges and accepts that the following categories of Operationally Sensitive Information, while not exhaustive, are generally highly sensitive (noting that the examples listed below include broad categories of information that, while generally highly sensitive, may include information that is less sensitive or non-sensitive, and which would be considered on a case-by-case basis):

a.        information which would reveal the identity of a human source of a Law Enforcement or Security Agency;

b.        information disclosing certain technical capabilities of a Law Enforcement or Security Agency; or

c.         information which may impact ongoing investigations or prejudice any criminal prosecution, particularly in connection with the Bondi terrorist attack on 14 December 2025.

3.2.                          The Royal Commission agrees to protect Operationally Sensitive Information obtained by the Royal Commission in accordance with the requirements of the PSPF as appropriate to the classification of the Operationally Sensitive Information, if known.

3.3.                          Where the classification of Operationally Sensitive Information obtained by the Royal Commissioner or a staff member of the Commission is not known, the information should be treated in accordance with the requirements of the PSPF

as appropriate to information classified as SECRET until such time as the Head of a Law Enforcement or Security Agency (or their representative) advises the Royal Commission of the appropriate classification of, or handling requirements for, the information.

3.4.                          Any staff member of the Commission who obtains, stores, accesses, uses and/or discloses Operationally Sensitive Information:

a.        must be an Authorised Person; and

b.        must do so in the course of undertaking work for the purposes of the Royal Commission’s inquiry

c.         must be familiar with all relevant security policy requirements, including the PSPF.

3.5.                          The Royal Commission agrees to seek guidance from the relevant Law Enforcement or Security Agency if, following consultation with the Royal Commission’s Security Advisor, the Commissioner or a staff member of the Commission is unclear about:

a.        the nature or classification of information, a document or thing a staff member of the Commission suspects or otherwise identifies as containing or potentially containing Operationally Sensitive Information;

b.        the particular requirements for obtaining, storing accessing, using or disclosing Operationally Sensitive Information; or

c.         complying with the requirements for obtaining, storing, accessing, using or disclosing Operationally Sensitive Information.

Obtaining or receipt of Operationally Sensitive Information from individuals

4.1.                          If:

a.        the Commissioner has issued a person with a Compulsory Requirement, or a person seeks to engage with the Royal Commission on a voluntary basis; and

b.        the Commissioner or a staff member of the Commission reasonably suspects that the person may knowingly or inadvertently disclose Operationally Sensitive Information when complying with the Compulsory Requirement or engaging with the Royal Commission on a voluntary basis,

the Commissioner or the staff member of the Commission (as relevant) agrees to request that person inform a staff member of the Commission, prior to responding to a Compulsory Requirement, where their response to the Compulsory Requirement may disclose Operationally Sensitive Information.

4.2.                          If a person informs a staff member of the Commission that their response to a Compulsory Requirement, or their voluntary engagement with the Royal Commission may, whether knowingly or inadvertently, involve disclosure of Operationally Sensitive Information, or if the Commissioner or a staff member of the Commission reasonably suspects that a person may disclose, or that a document to be produced or provided contains, Operationally Sensitive Information, the Commissioner or a staff member of the Commission will make arrangements to receive that information:

a.        in either:

i.           a private interview with the person held in accordance with the conditions described in paragraph 5.1 below;

ii.         in a confidential hearing held in accordance with paragraphs 6.1 to 6.4 of this Arrangement; and

b.        securely in accordance with the requirements of the PSPF:

i.           appropriate to the classification of the information, if known; or

ii.         if the classification is not known, as if the information is classified SECRET, until such time as the appropriate classification can be ascertained in accordance with paragraph 3.5 of this Arrangement.

4.3.                          Nothing in Part 4 prevents the Royal Commission from calling a person to give evidence at a public hearing if the Royal Commission is satisfied, on reasonable grounds, that the person will not disclose any Operationally Sensitive Information during such hearing.

Obtaining or receiving Operationally Sensitive Information from a Law Enforcement or Security Agency

4.4.                          A staff member of the Commission will:

a.        obtain, store, access and use any information, document or thing containing or comprising Operationally Sensitive Information and produced in response to a Compulsory Requirement, or otherwise provided to the Commissioner by a Law Enforcement or Security Agency, in accordance with the requirements of the PSPF; and

b.        prior to any proposed public disclosure of the information, document or thing containing or comprising Operationally Sensitive Information, afford the relevant Law Enforcement or Security Agency a reasonable opportunity to raise public interest considerations with the Royal Commission and/or seek protective directions in respect of the information, document or thing.

4.5.                          A Head of a Law Enforcement or Security Agency may provide Operationally Sensitive Information to the Commissioner, including where that information is the subject of, or relevant to, a Compulsory Requirement issued under s 2 of the Royal Commissions Act 1902 (Cth), in accordance with the requirements of the PSPF appropriate to the classification of the information, and need not communicate that information through the Royal Commission’s public communication channels. The appropriate communication channel for the purposes of provision of Operationally Sensitive Information directly to the Commissioner and staff of the Commission will be agreed with the Royal Commission, with initial contact to be made to the Office of Solicitor Assisting the Royal Commission.

1.                           In the event that the Royal Commission holds a private interview as contemplated by paragraph 4.2.a.i above, the Royal Commission agrees to take appropriate steps to ensure that:
   1.         any person present at the private interview is an Authorised Person or the relevant person disclosing the Operationally Sensitive Information to the Royal Commission; and
   2.         the private interview will be conducted in accordance with the access, handling, storage and communication requirements of the PSPF appropriate to the security classification of the Operationally Sensitive Information being disclosed (and if the classification is unknown, appropriate to information classified as SECRET); and
   3.          only Commonwealth authorised electronic devices are permitted in the private interview.

6.1.                          In the event of proposed tender of Operationally Sensitive Information at any hearing of the Royal Commission, whether in documentary or oral form, the Royal Commission agrees to afford the Commonwealth an opportunity to ask that the hearing be a confidential hearing, and/or to seek non-publication directions in respect of the Operationally Sensitive Information.  

6.2.                          For the purposes of this Arrangement, a confidential hearing means a hearing of the Royal Commission:

a.        which is not open to be attended or viewed by the public or the media (including in person or by way of live stream or other audio-visual link), and

b.        in respect of which the only persons permitted to be in attendance are Authorised Persons and the person(s) giving the evidence disclosing Operationally Sensitive Information.

6.3.                          In the event that the Commissioner holds a confidential hearing at which Operationally Sensitive Information may or will be disclosed, the Commissioner agrees to ensure that any person present at the hearing is:

a.        an Authorised Person; or

b.        the person(s) giving the evidence disclosing Operationally Sensitive Information.

6.4.                          For the avoidance of doubt and subject to subparagraph 6.3(d), a person who is permitted to be present during a confidential hearing may take notes during the hearing.

7.1.                          The Royal Commission agrees to take all reasonable steps to mitigate the risk of any inadvertent disclosure of Operationally Sensitive Information:

a.        during a public hearing of the Royal Commission, including but not limited to:

i.           providing for a delay in the live-stream of any public hearing online to enable that live-stream to be cut in the event of an inadvertent disclosure; and

ii.         making such non-publication directions in relation to the inadvertently disclosed information as the Royal Commission considers appropriate (which directions may be sought by the Commonwealth); and

b.        in its publication of any documents, including submissions received from the public, transcripts of and exhibits tendered during any public or confidential hearing, including, where necessary and appropriate, by:

i.           consulting with the Commonwealth prior to publication about any Operationally Sensitive Information contained in any document to be published by the Commission; and/or

ii.         using redactions to conceal any Operationally Sensitive Information in publications.

8.1.                          In this Part 8, any Operationally Sensitive Information upon which the Royal Commission intends to rely (whether in its original form or in some other summarised form) for the purposes of any hearing transcript, interim or final report, or any other publication of the Royal Commission to be released to the public (Publication), is referred to as Sensitive Source Information.

8.2.                          The Royal Commission agrees to consult with the Commonwealth (including the Heads of Law Enforcement or Security Agencies, or their representatives) in relation to any volume or other complete section of any Publication that the Royal Commission anticipates will or may contain Sensitive Source Information prior to the release of the Publication to the public or any other third-parties (including any publisher and/or printing service provider), for the purposes of the Commonwealth identifying any Operationally Sensitive Information in the Publication.

8.3.                          The Royal Commission and the Commonwealth agree that any consultation undertaken in accordance with clause 8.2 will be undertaken within a reasonable timeframe, having regard to the urgency of the proposed Publication, the size of any volume, or other complete section, of any Publication, and to the anticipated nature and extent of the Sensitive Source Information contained therein.

8.4.                          In the event that the Commonwealth (including a relevant Law Enforcement or Security Agency) identifies Operationally Sensitive Information in the content of any Publication, the Commonwealth or relevant Law Enforcement or Security Agency may, as necessary and appropriate having regard to the nature of the Operationally Sensitive Information:

a.        request the revision or removal of the information; or

b.        apply for non-publication directions in respect of, and request the redaction of, the information.

9.1.                          To the extent permitted by law, the Royal Commission agrees to make arrangements for the return, including pursuant to section 6F(2) of the Royal Commissions Act 1902 (Cth), of Operationally Sensitive Information received pursuant to this Arrangement to the relevant Law Enforcement or Security Agency, where retention of such information is no longer reasonably necessary for the Royal Commission’s inquiry, and prior to the delivery of the Royal Commission’s final report, or at such time as is appropriate having regarding to the nature of the information, subject to sub-regulation 10(2) of the Royal Commissions Regulations 2019 (Cth).

10.1.                      The Royal Commission agrees to notify the Head of the relevant Law Enforcement or Security Agency (or their representative) as soon as practicable in the event of a suspected non-compliance (including through inadvertence or omission) with the requirements of this Arrangement, the PSPF, any directions made by the Royal Commission regarding Operationally Sensitive Information, and take all appropriate action requested by the relevant Law Enforcement or Security Agency to remedy the breach and/or to minimise the risk of harm resulting from the breach.

11.1.                      This Arrangement may be varied at any time with the agreement of all Parties.

11.2.                      Nothing in this Arrangement is intended to prevent the Commissioner and a Head of a Law Enforcement or Security Agency agreeing:

a.        additional provisions that relate only to (and are binding solely in respect of) that particular Law Enforcement or Security Agency and its Operationally Sensitive Information; or

b.        to vary or depart from the provisions of this Arrangement, so long as the variation or departure relates only to (and is binding solely in respect of) that particular Law Enforcement or Security Agency and its Operationally Sensitive Information.

12.1.                      This Arrangement, and any variation to this Arrangement, may be executed via separate counterparts. Each counterpart will be deemed an original, and all counterparts taken together will constitute the Arrangement.

[1] The Hon Viginia Bell AC SC has been appointed as Royal Commissioner.

[2] Excluding the Director-General of ASIS and such other persons and the Director-General of ASIS determines (see s 41(a)(ii) of the IS Act), and information that the Minister for Foreign Affairs or the Director-General of ASIS has consented in writing to such information being made public (see s 41(b)(ii) of the IS Act).

[3] Excluding information that the Minister or Director-General has consented in writing to being made public (see s 92(2) of the ASIO Act), and information in relation to a person who was an ASIO employee or affiliate and who has consented in writing to the disclosure of such information, or who has themselves caused or permitted publication of the information (see s 92(3) of the ASIO Act).

[4] Excluding information that the Minister or Director-General has consented in writing to being made public (see s 92(2) of the ASIO Act), and information in relation to a person connected in any way with a former ASIO employee or affiliate and that current or former ASIO employee or affiliate has consented in writing to the disclosure of such information, or has themselves caused or permitted publication of the information (see s 92(3) of the ASIO Act).

[6]  For the avoidance of doubt, an Authorised Person may include a person’s legal representative who has been approved by the relevant Entity or Entities.

[1] 

1 The Hon Viginia Bell AC SC has been appointed as Royal Commissioner.